Common use of Participation Commitment Mechanism‌ Clause in Contracts

Participation Commitment Mechanism‌. A. There are two alternative Participation Commitment Mechanisms under the Model (Financial Guarantee Participation Commitment Mechanism or Retention Withhold Participation Commitment Mechanism). B. If the ACO selects the Financial Guarantee Participation Commitment Mechanism, by a date specified by CMS, the ACO shall either increase the amount of its financial guarantee required under Section 12.05 by an amount calculated in accordance with Section II.B of Appendix H of the Agreement (“Retention Guarantee Amount”) or secure a separate financial guarantee (“Retention Guarantee”) for the Retention Guarantee Amount that meets the requirements set forth in Appendix H. If the ACO elects to secure a separate financial guarantee for this purpose, any changes made to the ACO’s separate financial guarantee must be approved in advance by CMS. C. If the ACO does not secure a financial guarantee that meets the requirements set forth in Section 12.03.B and Appendix H by the date specified by CMS, CMS will deem that the ACO has selected the Retention Withhold Participation Commitment Mechanism. If CMS deems that the ACO has selected the Retention Withhold Participation Commitment Mechanism, CMS will withhold the Retention Withhold (described in Appendix B) from the Performance Year Benchmark for the ACO’s first Performance Year pursuant to the methodology specified in Appendix B. The ACO will earn back the Retention Withhold Amount (as described in Section V.D.1 of Appendix B) during Final Financial Settlement for the ACO’s first Performance Year in accordance with the methodology described in Appendix B, only if the ACO does not provide written notice of termination of the Agreement Performance Period pursuant to Section 17.03 on or before the Termination Without Liability Date of the ACO’s second Performance Year.

Participation Commitment Mechanism‌. A. There are two alternative Participation Commitment Mechanisms under the Model (Financial Guarantee Participation Commitment Mechanism or Retention Withhold Participation Commitment Mechanism). B. If the ACO selects the Financial Guarantee Participation Commitment Mechanism, by a date specified by CMS, the ACO shall either increase the amount of its financial guarantee required under Section 12.05 by an amount calculated in accordance with Section II.B of Appendix H of the Agreement (“Retention Guarantee Amount”) or secure a separate financial guarantee (“Retention Guarantee”) for the Retention Guarantee Amount that meets the requirements set forth in Appendix H. If the ACO elects to secure a separate financial guarantee for this purpose, any changes made to the ACO’s separate financial guarantee must be approved in advance by CMS. C. If the ACO does not secure a financial guarantee that meets the requirements set forth in Section 12.03.B and Appendix H by the date specified by CMS, CMS will deem that the ACO has selected the Retention Withhold Participation Commitment Mechanism. If CMS deems that the ACO has selected the Retention Withhold Participation Commitment Mechanism, CMS will withhold the Retention Withhold (described in Appendix B) from the Performance Year Benchmark for the ACO’s first Performance Year pursuant to the methodology specified in Appendix B. The ACO will earn back the Retention Withhold Amount (as described in Section V.D.1 of Appendix B) during Final Financial Settlement for the ACO’s first Performance Year in accordance with the methodology described in Appendix B, only if the ACO does not provide written notice of termination of the Agreement Performance Period pursuant to Section 17.03 on or before the Termination Without Liability Date of the ACO’s second Performance Year.

Participation Commitment Mechanism‌. A. There are two alternative Participation Commitment Mechanisms under the Model (Financial Guarantee Participation Commitment Mechanism or Retention Withhold Participation Commitment Financial Mechanism). B. If the ACO DCE selects the Financial Guarantee Participation Commitment Mechanism, by a date specified by CMS, the ACO DCE shall either increase the amount of its financial guarantee required under Section 12.05 by an amount calculated in accordance with Section II.B of Appendix H of the Agreement (“Retention Guarantee Amount”) or secure a separate financial guarantee (“Retention Guarantee”) for the Retention Guarantee Amount that meets the requirements set forth in Appendix H. If the ACO DCE elects to secure a separate financial guarantee for this purpose, any changes made to the ACODCE’s separate financial guarantee must be approved in advance by CMS. C. If the ACO DCE does not secure a financial guarantee that meets the requirements set forth in Section 12.03.B and Appendix H by the date specified by CMS, CMS will deem that the ACO DCE has selected the Retention Withhold Participation Commitment Financial Mechanism. If CMS deems that the ACO DCE has selected the Retention Withhold Participation Commitment Mechanism, CMS will withhold the Retention Withhold (described in Appendix B) from the Performance Year Benchmark for the ACODCE’s first Performance Year pursuant to the methodology specified in Appendix B. The ACO DCE will earn back the Retention Withhold Amount (as described in Section V.D.1 of Appendix B) during Final Financial Settlement for the ACODCE’s first Performance Year in accordance with the methodology described in Appendix B, only if the ACO DCE does not provide written notice of termination of the Agreement Performance Period pursuant to Section 17.03 on or before the Termination Without Liability Date of the ACODCE’s second Performance Year.